Develop Evaluation Factors

I assume that all acquisitions will exceed the simplified acquisition threshold. If any does not, then you would used simplified acquisition procedures (e.g., No. 6).

You could probably do every one of those except Nos. 3 and 5 using sealed bidding. Why? Because you can have detailed, precise specifications for them, you can fix-price them based on either lump sum or unit prices, and they are very low risk.

The specification for No. 3 will probably be too complex and the task too risky for sealed bidding.

I cannot answer for No. 5, because your description is vague. What kind of maintenance? Routine? Emergency? Scheduled? Unscheduled? All of the above? How complex is the power generation system?

No one in his or her right mind would use two-step sealed bidding, because it's too much work. You have to prepare two solicitations and you have two chances for protest. Lowest-price technically-acceptable is better.

Thanks you for the feed back.

subbby2005,

FAR 6.401(a) requires sealed bidding if the four conditions are met and the acquisition is subject to CICA:

Contracting officers shall solicit sealed bids if --

(1) Time permits the solicitation, submission, and evaluation of sealed bids;

(2) The award will be made on the basis of price and other price-related factors;

(3) It is not necessary to conduct discussions with the responding offerors about their bids; and

(4) There is a reasonable expectation of receiving more than one sealed bid.

So you don't have the discretion to choose between sealed bidding and negotiation. For each of your acquisitions subject to CICA, you need to ask yourself if the four conditions exist. If they do, you must use sealed bidding. If not, FAR 6.401( b ) says you may request competitive proposals.

Agencies get a lot of latitude when it comes to applying FAR 6.401(a). See Weeks Marine, Inc. v. U.S., 575 F.3d 1352 (Fed. Cir. 2009) and Ceres Environmental Services, Inc., GAO Dec. B-310902, 2008 CPD para. 48. From Ceres:

CICA requires the use of sealed bidding when: (1) time permits; (2) award will be based on price and other price-related factors; (3) discussions are not necessary; and (4) more than one bid is expected. 10 U.S.C. sect. 2304(a)(2)(A); Federal Acquisition Regulation (FAR) sect. 6.401(a); Specialized Contract Servs., Inc., B–257321, Sept. 2, 1994, 94–2 CPD para. 90 at 4. When an agency determines that these conditions are not met, CICA requires the use of negotiated procedures. 10 U.S.C. sect. 2304(a)(2)( b ). The determination as to whether circumstances support the use of negotiated procedures is largely a discretionary matter within the purview of the contracting officer. FAR sect. 6.401; Military Base Mgmt., Inc., B–224115, Dec. 30, 1986, 86–2 CPD para. 720 at 3. However, an agency must reasonably conclude that the conditions requiring use of sealed bidding are not present. F & H Mfg. Corp., B–244997, Dec. 6, 1991, 91–2 CPD para. 520 at 3.

See also "The Decision To Use Negotiation Instead Of Sealed Bidding: Is It Entirely Discretionary?," The Nash & Cibinic Report, December 2007, para. 73.

Let me add, using the information provided, that there is a strong possibility you must use simplified acquisition procedures, to the maximum extent practicable, for all the needs listed if the value of each of the needs, including options, does not exceed $6.5 million (I did not see in the scenario that the needs are for a contingency operation or defense or recovery from recovery from nuclear, biological, chemical, or radiological attack which would raise the NTE to $12 million.) (Ref. FAR 13.5)